Most courts[60], but not all [61], have held that amusement park owners must exercise ordinary or reasonable care in the construction, maintenance and operation of their premises to protect tourists from injury. A useful comparison between the duties imposed upon common carriers and amusement park owners appears in Lamb v. B & B Amusements Corporation[62], a case involving a roller coaster accident.
" In some respects, the operators of amusement rides and common carriers deal with similar circumstances. Both are entrusted with passengers who depend on the operators for their safety, and both charge a fee for their services. Nevertheless the circumstances in which common carriers and amusement ride operators function differ in important respects.
The heightened standard of care required of common carriers is predicated on the principal that ' persons using ordinary transportation devices, such as elevators and buses, normally expect to be carrier safely, securely and without incident to their destination'... Persons who use rides have different expectations.
Passengers on many amusement rides expect entertainment in the form of high speeds, steep drops and tight turns. There are, of course, many kinds of amusement rides, and patrons who use those rides must, to some extent, be aware of their physical abilities and limitations and exercise some judgment as to their ability to endure the physical and mental stresses encountered on various rides. Amusement rides are not designed to provide comfortable, uneventful transportation, even when the equipment operates without incident and as intended. Nevertheless, operators of an amusement ride must still exercise a reasonable degree of care, skill and diligence sufficient to assure that a ride is as safe as is reasonably possible for its passengers "
Assumption Of The Risk/Contributory Negligence
On occasion the courts may find that the injured tourist assumed the risk of injury by ignoring warning signs and safety instructions [ Desai v. Silver Dollar City, Inc.( tourist ignored safety instructions in exiting the Bahama Bob-Slide and was injured ); Bregel v. Busch Entertainment Corp.( patron injured during Sky Ride; contributorily negligent in failing to observe safety signs) [65] ] unless the signs are unclear [ Beroutos v. Six Flags Theme Park, Inc[66].
( " ( patron ) admits seeing a sign that warned against pregnant women or those with existing conditions in the neck or back boarding the ride...Whether or not the sign warns patrons with no history of neck and back problems of the risk of resulting neck and back injury, is an issue for determination by the jury " )].
Assumption of the risk doctrine holds that
"... participants who sit as spectators at sports and amusements may be taken to assume the known risks of being hurt by roller coasters..."[67].
Some Courts[68] have found that injured patrons of amusement parks have assumed the risk of their injuries while others have not[69].